Merritt N. Spencer

Senior Counsel

mspencer@clarkhill.com

Austin
+1 512.499.3625

fax +1 512.536.5712

Merritt N. Spencer provides advice and counsel in the areas of real estate transactions, construction contracts, real estate and commercial litigation, and Texas regulatory matters.

His scope of practice includes representing the following:

buyers and sellers of commercial and residential real estate,
commercial landlords and tenants in connection with leasing contracts and disputes,
property owners and contractors in connection with construction contracts and construction-related disputes,
developers of commercial and residential real estate projects,
businesses and professionals with licensing issues before Texas regulatory agencies, and
financial institutions and other secured lenders in the protection of security interests and foreclosures

Industries

Franchise & Licensing

Practice Areas

Education

J.D., University of Texas School of Law, Austin, Texas, 1991

B.A., summa cum laude, Abilene Christian University, 1987, 1987

Memberships

State Bar of Texas, Administrative Law Section, Public Law Section

Austin Bar Association, Member

Greater Tomball Area Chamber of Commerce, Board of Directors, Member (2008)

Rotary Club of Tomball, Past President (2007-2008)

Tomball I.S.D., New Facility Steering Committee member (2006)

State Bar Licenses

Texas

Court Admissions

U.S. District Ct., E.D. of Texas

U.S. District Ct., N.D. of Texas

U.S. District Ct., S.D. of Texas

U.S. District Ct., W.D. of Texas

REAL ESTATE

Represented owners of developed and underdeveloped commercial property in central Austin with the sale and leasing of the properties
Assisted custom home builders with new residential developments, including development of covenants and restrictions and construction contracts
Assisted purchasers of existing commercial developments in connection with purchase contracts and due diligence issues
Represented commercial tenants with the negotiation and drafting of new and amended commercial lease agreements

REGULATORY MATTERS

Obtained a favorable decision on behalf of a motor vehicle manufacturer in an agency-initiated enforcement proceeding alleging a violation of agency rules
Obtained a favorable decision in a FINRA-governed securities arbitration
Resolved state agency licensing disputes for clients in various professions, including service contracts, electrician, air-conditioning installation, and cosmetology
Obtained a favorable decision on behalf of a motor vehicle manufacturer in a dealer-termination proceeding
Obtained favorable decisions in lemon law proceedings on behalf of a luxury recreational vehicle manufacturer and an engine manufacturer
Represented a motor vehicle manufacturer trade organization in a rule-making proceeding before a Texas state agency